• Archive for March, 2014

    Heyman to Speak at WVU

    by  • March 31, 2014 • Faculty Workshops/ Conferences • 0 Comments

    Professor Steven Heyman, an expert on the First Amendment, will deliver the third annual C. Edwin Baker lecture at noon on Thursday, April 3, at the West Virginia University College of Law. His topic is “The Conservative-Libertarian Turn in First Amendment Jurisprudence.” According to the WVU business newspaper, the Baker Lecture “is presented in honor of C. Edwin Baker, a leading constitutional law scholar who died in 2009. He was the Nicholas F. Gallicchio Professor of Law and Communication at the University of Pennsylvania Law School.” Click here for more information.

    Professor Heyman has written extensively on the First Amendment. For more of his scholarship on the topic, visit his Selected Works page, which includes the following recent publications:

    – To Drink the Cup of Fury: Funeral Picketing, Public Discourse and the First Amendment, 45 Connecticut Law Review 101 (2012).
    – The Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence, 19 William & Mary Bill of Rights Journal 661 (2011).
    – Ideological Conflict and the First Amendment, 78 Chicago-Kent Law Review 531 (2003).

    Weekly Faculty in the News, 3/27/14

    by  • March 27, 2014 • Faculty in the News • 0 Comments

    A roundup of faculty appearances in news sources and media from the last two weeks, 3/13/14 to 3/27/14.

    3/19 – Photos from the Bohemian Lawyers Association of Chicago’s monthly meeting—at which Lori Andrews was present—were featured in a Chicago Daily Law Bulletin headline (“Bohemians mingle,” behind paywall).

    3/21David Schwartz was quoted in a Chicago Daily Law Bulletin article on a settlement in a “patent troll” case (“Once seeking $4B, ‘troll’ gets $2.7M”).

    3/27Hank Perritt was quoted in a Chicago Business article on the NLRB’s recent decision that Northwestern University football players have a right to unionize (“Northwestern football union ruling: What happens next?”). Perritt was also interviewed by NPR’s Morning Edition and appeared in an ABC7 video to discuss the topic.


    3/23 – At The Walters Way, Adrian Walters posted on the US News Law School rankings for 2015.

    3/24 – At Nahmod Law, Sheldon Nahmod posted on the 31st Annual Conference on Section 1983, which will be held at Chicago-Kent on Thursday and Friday, April 24-25, 2014.

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.

    31st Annual Conference on Section 1983

    by  • March 26, 2014 • Faculty Workshops/ Conferences • 0 Comments

    This spring (April 24-25), Chicago-Kent will host the 31st Annual Section 1983 Civil Rights Litigation Conference, a comprehensive update on liability arising out of Section 1983. Professor Sheldon Nahmod, a well-known expert on civil rights and the law of Section 1983, has organized the conference and will act as program chair. Here are a few words about the conference from Professor Nahmod’s blog:

    This national two-day conference, heading into its fourth decade, features expert academic speakers including Erwin Chemerinsky on immunities as well as his Supreme Court review, Karen Blum on local government liability, Rosalie Levinson on equal protection and Sheldon Nahmod on the section 1983 claim as well as the Second Amendment.

    It also features outstanding practitioners from around the country, including Gerry Birnberg (Texas) on fees and ethical issues, John Murphey (Illinois) on practical considerations in section 1983 litigation and Brendan Egan (New Mexico) on immigration related issues.

    For further information, please contact Chicago-Kent’s CLE department via email at cle@kentlaw.iit.edu or via phone at 312-906-5090.

    The conference brochure also provides the following information:

    Who should attend:
    Municipal and state attorneys, plaintiffs’ attorneys and criminal defense attorneys.

    Liability arising out of Section 1983 presents a continuing challenge for all municipal lawyers, private practitioners, and litigators who try cases in this dynamic area. Keeping up with this ever-changing environment is critical. You will learn both the fundamentals and more advanced aspects of Section1983 practice and trial skills, and analyze the latest judicial decisions.

    The brochure also provides information on schedules and speakers.

    Documentary Film Series on Race: “The House We Live In”

    by  • March 25, 2014 • Faculty Workshops/ Conferences • 0 Comments

    Race: The Power of Illusion

    Still from Race: The Power of Illusion, via itvs.org.

    Chicago-Kent’s Documentary Film Series on Race shows important films throughout the semester in an effort to create meaningful discussions about race. Join faculty, students, and alumni on Wednesday, March 26, at 6:00 pm for the next event in the series—a screening of “The House We Live In,” the final episode of the PBS series Race: The Power of an Illusion (2003). The episode focuses on the ways institutions and policies advantage some groups at the expense of others. See a short summary from the episode’s website below:

    If race doesn’t exist biologically, what is it? And why should it matter? Our final episode, “The House We Live In,” is the first film about race to focus not on individual attitudes and behavior but on the ways our institutions and policies advantage some groups at the expense of others. Its subject is the “unmarked” race: white people. We see how benefits quietly and often invisibly accrue to white people, not necessarily because of merit or hard work, but because of the racialized nature of our laws, courts, customs, and perhaps most pertinently, housing.

    Read more →

    The screening will be followed by a discussion led by Jill Roberts—a Chicago-Kent alumna, housing expert, and staff attorney at the Cabrini Green Legal Aid Clinic—along with current student Orion Swann.


    Wednesday, March 26, at 6:00 pm
    IIT Chicago-Kent College of Law, Governor Richard B. Ogilvie Auditorium
    Contact Grace Akinlemibola for more information

    Spring 2014 Issue of Faculty Perspectives

    by  • March 24, 2014 • Multimedia, Scholarship • 0 Comments

    Faculty Perspectives is a new publication that is produced regularly to highlight recent faculty scholarship at IIT Chicago-Kent College of Law. Issues feature four excerpts from recent or forthcoming faculty articles and, in the fall semester, a special page dedicated to recently published books. The online publication is presented in an attractive, easy-to-navigate format.

    We are pleased to announce that the Spring 2014 issue of Faculty Perspectives is now available. In this issue, we feature Stephanie Stern, whose article on social capital theory and property law was published in the Virginia Law Review; Nancy Marder, whose article on jurors and social media is forthcoming in the SMU Law Review; Ronald Staudt, whose article (co-authored with Andrew P. Medeiros) on technology clinics and law school curricula was published in the Chicago-Kent Law Review; and Martin Malin, whose article on collective representation in the U.S. public sector was published in the Osgoode Hall Law Journal.

    View the Spring 2014 issue of Faculty Perspectives below or click here to view it on issuu.com’s standalone reader.

    Schmidt – Explaining the Baseball Revolution

    by  • March 21, 2014 • Scholarship • 0 Comments

    Explaining the Baseball Revolution, a new paper by Christopher Schmidt, is now available on SSRN. The paper was recently published in volume 45 of the Arizona State Law Journal. Read the abstract below:

    Between 1966 and 1976, Major League Baseball players won from their club owners a dramatic redistribution of the game’s operational control and revenues. A new era was born, with athletes regularly moving between teams in search of multi-million dollar contracts, periodic strikes, and collective bargaining as the sports industry’s primary policy-making mechanism. In this Article, I offer a new interpretation of how the baseball revolution happened.

    In contrast to most accounts, which attribute baseball’s transformation to a convergence of strong personalities and serendipity, I argue that the baseball revolution was the culmination of a reform campaign that is best understood as an instance of what sociolegal scholars call legal mobilization. This campaign revolved around a basic legal claim: that baseball’s “reserve” system denied fundamental rights to the players. This claim failed in court — most famously in Flood v. Kuhn (1972) — yet it resonated elsewhere. The leaders of the baseball revolution — beginning with Marvin Miller, the head of the players’ union — drew upon this rights-based claim for purposes other than winning litigation challenges. In essence, the language of the law allowed the players to reframe the terms of the debate over the reserve system. A struggle that was essentially over power and money became widely understood as a battle for individual freedom. In this way, an improbable legal argument served both to unite and mobilize the players and to secure enough outside support so as to ultimately force the team owners to concede to their demands. Considered through the lens of sociolegal analysis, with its appreciation for the ways in which legal norms function in diverse settings, the baseball revolution offers a valuable case study of the complex interrelation between legal claims, legal institutions, and movement mobilization.

    Download the paper on SSRN here.

    Rosado Marzán — Danbury Hatters in Sweden

    by  • March 19, 2014 • Scholarship • 0 Comments

    Danbury Hatters in Sweden: An American Warning Against Punitive Damages for Workers’ ‘Illegal’ Collective Action, a new paper by César Rosado Marzán and Margot A. Nikitas, is now available on SSRN. The paper is currently under review by the International Journal of Comparative Labour Law and Industrial Relations. Read the abstract below:

    The European Court of Justice Laval quartet of cases held that worker collective actions that impacted freedom of services and establishment in the EU violated EU law. After Laval, The Swedish Labour Court imposed “exemplary,” or punitive damages, on labour unions for violating EU law. This article contributes to this discussion with a US perspective on the issue of punitive damages for workers’ violations of rules corresponding to strikes and similar collective actions. The US’ experience warns against the imposition of punitive damages. Punitive damages may not only be unfair for workers, but may cause unions to become too risk adverse and, in this manner, lead them to fail to adequately represent workers. Moreover, workers’ collective actions should be understood as activities commensurate with market freedoms, absent additional showings of violent or similar means by the collective actors. The Swedish Labour Court’s decision therefore seems to fare ill for equity, freedom of association, markets and Social Europe.

    Download the paper on SSRN here.

    Professors Take to the Stage in Post-Show Discussions of Arguendo

    by  • March 14, 2014 • Faculty in the News • 0 Comments

    [Via IIT Chicago-Kent News]

    IIT Chicago-Kent professors Jerry Goldman, Sheldon H. Nahmod, and Nancy S. Marder will speak in post-show conversations with Elevator Repair Service (ERS) theater company director John Collins and the audience after performances of “Arguendo,” March 14 to 16 at the Edlis Neeson Theater at the Museum of Contemporary Art Chicago, 220 East Chicago Avenue, in Chicago.

    “Arguendo” is an innovative staging of oral arguments in Barnes v. Glen Theatre, a 1991 U.S. Supreme Court case in which go-go dancers challenged an Indiana law banning totally nude dancing on First Amendment grounds. The production is an 80-minute verbatim performance of oral arguments in the case augmented by a set design that includes projections of actual court documents on a screen behind the actors.

    Photo credit: Paula Court

    Photo credit: Paula Court

    The play takes its name from a Latin term meaning “for the sake of argument” and its inspiration from Oyez®, a multimedia judicial archive at IIT Chicago-Kent College of Law. ERS director Collins discovered the Oyez website and amassed a playlist of cases on his iPod. The freedom of expression issues in the Barnes case intrigued Collins, who adds, “Oral argument is great theater.”

    Scheduled post-performance conversations with IIT Chicago-Kent faculty include:

    • March 14 evening: Jerry Goldman, research professor of law, is the founder and director of Oyez. Professor Goldman is co-author of The Challenge of Democracy: American Government in Global Politics (Wadsworth), a best-selling textbook on American government.
    • March 15 matinee: Nancy S. Marder is director of the Justice John Paul Stevens Jury Center and co-director of the Institute for Law and the Humanities. Professor Marder was a law clerk for Justice Stevens when Barnes v. Glen Theatre was heard.
    • March 16 matinee: Sheldon H. Nahmod, distinguished professor of law, is a well-known expert on First Amendment issues and civil rights. Professor Nahmod has argued before the U.S. Supreme Court. In addition, he lectures regularly on civil rights matters to federal judges and attorneys. Professor Nahmod writes a law blog for general audiences on Section 1983, constitutional law, and other law-related topics at www.nahmodlaw.com.

    The evening performance begins at 7:30 p.m.; matinee performances start at 3 p.m. Tickets are $28 for the general public; $22 for MCA members; and $10 for students. For tickets and more information, visit www.mcachicago.org.

    Founded in 1888, IIT Chicago-Kent College of Law is the law school of Illinois Institute of Technology, a private, Ph.D.-granting institution with programs in engineering, psychology, architecture, business, design and law.

    Elevator Repair Service is a New York City–based company that creates original works for live theater with an ongoing ensemble. Since its founding in 1991 by John Collins and a group of actors, ERS has built a body of work that has earned it a loyal following and made it one of New York’s most highly-acclaimed experimental theater companies.

    One of the nation’s largest facilities devoted to the art of our time, the Museum of Contemporary Art Chicago offers exhibitions of the most thought-provoking art created since 1945. MCA Chicago documents contemporary visual culture through painting, sculpture, photography, video and film, and performance.

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.

    Weekly Faculty in the News, 3/13/14

    by  • March 13, 2014 • Faculty in the News • 0 Comments

    A roundup of faculty appearances in news sources and media from the last week, 3/6/14 to 3/13/14.

    3/7Todd Haugh was quoted in a Law360 article on recent indictments that accuse former attorneys at Dewey & LeBoeuf LLP of accounting fraud (“Ex-Dewey Execs Face Tough Choices In Criminal Case Ahead”). According to the article, the indictment “marks the first time the leadership of a major American law firm [has been] accused of such a conspiracy.”

    3/7Heather Harper was featured in a Chicago Daily Law Bulletin story on Chicago-Kent’s Entrepreneurial Law Clinic (“IIT Chicago-Kent mixing legal smarts with startup skills,” behind paywall). Harper is the supervising attorney for the clinic, which provides students with real-world, practical experience in the law of entrepreneurship.

    3/11Richard Gonzalez was inducted as a Fellow of the College of Labor and Employment Lawyers, which honors leading lawyers in the practice of labor and employment law. Gonzalez, a clinical professor at Chicago-Kent’s Law Offices, represents employees and employers in a wide range of employment-related cases at the federal and state level. Read more about his induction here.

    3/12Martin Malin was interviewed by WBBM Radio about regulations guaranteeing overtime pay for workers (“Local Labor Expert Wants More Changes To Go Along With Obama’s Overtime Guarantee”). Listen here.

    3/13Jerry Goldman, Nancy Marder, and Sheldon Nahmod will take part in post-show discussions with Elevator Repair Service (ERS) theater company director John Collins and the audience after ERS’s performances of the play Arguendo this weekend. The play is a unique staging of oral arguments in Barnes v. Glen Theatre, a 1991 U.S. Supreme Court case in which go-go dancers challenged an Indiana law banning totally nude dancing on First Amendment grounds. The production is an 80-minute verbatim performance of oral arguments in the case and was inspired by Oyez, the multimedia Supreme Court archive founded by Goldman.

    For more information, including show times and ticket prices, click here.


    3/13Sheldon Nahmod has recently co-authored a Law Professors’ amicus brief in support of the petitioner in the upcoming Supreme Court case Lane v. Franks. Read more about the brief at Nahmod’s blog, Nahmod Law.

    For more information, contact the Office of Public Affairs at IIT Chicago-Kent.

    Gonzalez Inducted as a Fellow of the College of Labor and Employment Lawyers

    by  • March 13, 2014 • Faculty in the News • 0 Comments

    [Via IIT Chicago-Kent News]

    Gonzalez_Richard_250pxIIT Chicago-Kent College of Law Clinical Professor Richard J. Gonzalez has been inducted as a Fellow of the College of Labor and Employment Lawyers.

    Each year, the College of Labor and Employment Lawyers honors leading lawyers in the practice of labor and employment law. Induction as a Fellow is the highest recognition by one’s colleagues of “sustained outstanding performance in the profession, exemplifying dedication and excellence.”

    As a clinical professor in the Law Offices of Chicago Kent, Professor Gonzalez represents employees and employers in a wide variety of discrimination, wrongful discharge, and defamation cases in federal and state court and in anti-discrimination agencies. His practice places particular emphasis on cases involving victims of employment discrimination and negotiation of severance agreements.

    In 2008, Professor Gonzalez received an Award for Excellence in Public Interest from the United States District Court and the Chicago chapter of the Federal Bar Association for his public service work. For the past four years, he has served as a co executive editor of the leading treatise Employment Discrimination Law by Lindemann & Grossman (BNA).

    Prior to joining the IIT Chicago-Kent faculty in 1988, Professor Gonzalez was a litigator with the Chicago law firm of James D. Montgomery and Associates. He also spent four years as an attorney with the Legal Assistance Foundation of Chicago, and three years as an administrative law judge for the State of Illinois Human Rights Commission. Professor Gonzalez is a member of the Federal Trial Bar of the Northern District of Illinois. He earned his undergraduate degree at Northwestern University and his law degree at Ohio State University College of Law.

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.